THE battle over a resource recovery park has been won by campaigners - but Peel Environmental warns the war is far from over.

On Monday Cheshire County Council's development regulatory committee members unanimously rejected outline planning permission for the development at Ince Marshes, much to the delight of protest group Residents Against Incineration (RAIN).

But the group is being cautious its celebrations are not premature.

Council members agreed the proposals contravened the policies of the Cheshire Structure Plan and North West Regional Spatial Strategies. They also said the application was premature with the inquiry into the county's Replacement Waste Local Plan drawing to its close.

The inspector, Andrew Mead, is due to report next spring and his report will include his ruling on whether the 247-acre site can be earmarked as a potential site for an incinerator.

A separate application to the Department of Trade and Industry for a Refuse Derived Fuel Plant (incinerator) will be considered by the county council's executive on November 23.

Members felt the applicants were likely to appeal against the refusal and that both applications were likely to go to a joint a public inquiry.

County councillor Allan Richardson said: 'The county council has deliberated about this site for 40 years but we cannot get away from the fact that this massive proposal conflicts with its present structure plan designation.

'I am sure this application will come back to us in the future and I would like it too but until then it is premature, in breach of planning regulations and we have no alternative but to refuse.'

RAIN member Andrew Lorimer said: 'This is fantastic news and we are celebrating. However, two of the councillors stated that they had no fundamental objections to the proposal in principle and one went on at length about how Peel was a responsible and well-meaning organisation.

'They are clearly leaving their options open and, whilst they support the concept of facilities spread across smaller sites to process only Cheshire's waste, they may still propose to use incineration as one disposal method.'

Myles Kitcher of Peel Environmental said: 'Clearly, we are disappointed with the council's decision.

'This is an important opportunity that should not be missed.'

Peel Environmental will consider its position following the publication of the inspector's report.

It also intends to appeal to the Secretary of State for Communities and Local Government.